Promotions from Laboratory Assistant to Typist and Junior Assistant are valid under statutory rules, irrespective of equal pay, and cannot be denied based on non-statutory circulars.

JUDGMENT :

S.SRIMATHY, J.

This Writ Appeal is filed by the respondents in the writ petition challenging the order, dated 26.02.2024, passed in W.P.(MD)No.1482 of 2024.

2. The Writ Petition was filed for issuance of a Writ of Certiorarified Mandamus to quash the order dated 06.11.2023 passed in Oo.Mu.No. 10742/E1/2023 by 3^rd respondent and consequently to direct the 3^rd respondent to approve forthwith promotions given to Lab Assistants in the petitioner's college viz. S.Mahilprabha as Typist with effect from 01.06.2018, M.Jeyakumar as Typist with effect from 02.07.2018, Sr.S.Stella Arul Mary as Junior Assistant with effect from 01.08.2019, I.Francis Xavier as Junior Assistant with effect from 01.08.2019 and L.Shanthi as Storekeeper with effect from 01.06.2022 with all attendant benefits.

3. The brief facts as stated in the affidavit is that the writ petitioner college namely Fathima College is a private aided minority college governed under the Tamil Nadu Private Colleges (Regulation) Act, 1976 and the Rules framed thereunder. In the year 2018 to 2022 the college promoted five Lab Assistants on various dates to Typist, Junior Assistants and Store Keeper in the sanctioned vacancies. The details are tabulated hereunder:

4. After conferring promotions, the college submitted the proposal for approval to the 3^rd respondent, Joint Director of Collegiate Education on 23.08.2023 and 28.08.2023 and a reminder through registered post on 29.09.2023. Thereafter the 3^rd respondent/ Joint Director, vide proceedings dated 06.11.2023 refused approval stating the Laboratory Assistants cannot be promoted as Typist, Junior Assistants and Store Keeper. Hence the writ petition challenging the order dated 06.11.2023.

5. The Writ Court had considered the rival claims and thereafter followed the Division Bench order passed in W.A.(MD)No.114 and 9 of 2020 and allowed the writ petition. Aggrieved over the same, the respondents in the writ petition had preferred the present writ appeal raising various grounds.

6. After hearing the rival submissions, this Court had given its anxious consideration. It is an admitted facts that Laboratory Assistant, Library Assistant (only one promotion as Librarian) and some other posts are not having any promotional avenue and the said persons would be stagnated in the same post in their entire service.

7. The primary contention of the Learned Additional Government Pleader is that the Laboratory Assistant is not the feeder category to promote to the post of Junior Assistant since both carry same scale of pay. Further submitted that when several requests came from the colleges for such promotion the government had issued clarification in Government Letter No.646/G2/13-1 dated 14.08.2013 wherein it is clarified that the post of Laboratory Assistant and Junior Assistant carries same scale of pay and therefore the Laboratory Assistant post cannot be feeder category for promotion to the post of Junior Assistant. The said contention of the appellants cannot be accepted since the said government letter is only circular and the same is not having any statutory force. Also, it is not acceptable for various reasons which is discussed in the following paragraphs.

8. Under Rule 11(4)(i) of Tamil Nadu Private Colleges (Regulation) Rules (as amended vide G.O.Ms.No.60 of Education d